CODING: Words stricken are deletions; words underlined are additions.House Bill 1227c1
Florida House of Representatives - 1997 CS/HB 1227
By the Committee on Health Care Services and
Representatives Ball, Burroughs, Arnold, Dockery, Peaden,
Brooks, Healey, Westbrook, Bronson, Bainter, Starks, Lacasa,
Trovillion, Fasano, Kelly, Sindler, Bitner, Feeney, Putnam,
(Additional Sponsors on Last Printed Page)
1 A bill to be entitled
2 An act relating to termination of pregnancies;
3 renumbering and amending s. 390.001, F.S.;
4 prohibiting partial-birth abortion; providing a
5 penalty; providing civil liability; providing
6 for relief; renumbering s. 390.002, F.S.;
7 amending s. 390.011, F.S.; expanding scope of
8 definitions; defining "partial-birth abortion";
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 390.001, Florida Statutes, is
14 renumbered as section 390.0111, Florida Statutes, and amended
15 to read:
16 390.0111 390.001 Termination of pregnancies.--
17 (1) DEFINITIONS.--As used in this section, unless the
18 context clearly requires otherwise:
19 (a) "Physician" means a doctor of medicine or
20 osteopathic medicine licensed by the state under chapter 458
21 or chapter 459 or a physician practicing medicine or
22 osteopathic medicine in the employment of the United States or
23 this state.
24 (b) "Approved facility" means:
25 1. A hospital licensed by the state; or
26 2. A medical facility licensed by the Department of
27 Health and Rehabilitative Services pursuant to rules adopted
28 for that purpose, provided such rules shall require regular
29 evaluation and review procedures.
30 (1)(2) TERMINATION IN THIRD LAST TRIMESTER; WHEN
31 ALLOWED.--No termination of pregnancy shall be performed on
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1 any human being in the third last trimester of pregnancy
2 unless:
3 (a) Two physicians certify in writing to the fact
4 that, to a reasonable degree of medical probability, the
5 termination of pregnancy is necessary to save the life or
6 preserve the health of the pregnant woman; or
7 (b) The physician certifies in writing to the medical
8 necessity for legitimate emergency medical procedures for
9 termination of pregnancy in the third last trimester, and
10 another physician is not available for consultation.
11 (2)(3) PERFORMANCE BY PHYSICIAN REQUIRED.--No
12 termination of pregnancy shall be performed at any time except
13 by a physician as defined in s. 390.011 this section.
14 (3)(4) CONSENTS REQUIRED.--Prior to terminating a
15 pregnancy, the physician shall obtain the written informed
16 consent of the pregnant woman or, in the case of a mental
17 incompetent, the written consent of her court-appointed
18 guardian.
19 (a) If the woman is married, the husband shall be
20 given notice of the proposed termination of pregnancy and an
21 opportunity to consult with the wife concerning the procedure.
22 The physician may rely on a written statement of the wife that
23 such notice and opportunity have been given, or he or she may
24 rely on the written consent of the husband to the proposed
25 termination of pregnancy. If the husband and wife are
26 separated or estranged, the provisions of this paragraph for
27 notice or consent shall not be required. The physician may
28 rely upon a written statement from the wife that the husband
29 is voluntarily living apart or estranged from her.
30 (b) In the event a medical emergency exists and the
31 above requirements have not been complied with, a physician
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1 may terminate a pregnancy if he or she has obtained at least
2 one corroborative medical opinion attesting to the medical
3 necessity for emergency medical procedures and to the fact
4 that to a reasonable degree of medical certainty the
5 continuation of the pregnancy would threaten the life of the
6 pregnant woman.
7 (4)(5) STANDARD OF MEDICAL CARE TO BE USED DURING
8 VIABILITY.--If a termination of pregnancy is performed during
9 viability, no person who performs or induces the termination
10 of pregnancy shall fail to use that degree of professional
11 skill, care, and diligence to preserve the life and health of
12 the fetus which such person would be required to exercise in
13 order to preserve the life and health of any fetus intended to
14 be born and not aborted. "Viability" means that stage of fetal
15 development when the life of the unborn child may with a
16 reasonable degree of medical probability be continued
17 indefinitely outside the womb. Notwithstanding the provisions
18 of this subsection, the woman's life and health shall
19 constitute an overriding and superior consideration to the
20 concern for the life and health of the fetus when such
21 concerns are in conflict.
22 (5) PARTIAL-BIRTH ABORTION PROHIBITED; EXCEPTION.--
23 (a) No physician shall knowingly perform a
24 partial-birth abortion.
25 (b) A woman upon whom a partial-birth abortion is
26 performed may not be prosecuted under this section for a
27 conspiracy to violate the provisions of this section.
28 (c) This subsection shall not apply to a partial-birth
29 abortion that is necessary to save the life of a mother whose
30 life is endangered by a physical disorder, illness, or injury,
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1 provided that no other medical procedure would suffice for
2 that purpose.
3 (6) EXPERIMENTATION ON FETUS PROHIBITED;
4 EXCEPTION.--No person shall use any live fetus or live,
5 premature infant for any type of scientific, research,
6 laboratory, or other kind of experimentation either prior to
7 or subsequent to any termination of pregnancy procedure except
8 as necessary to protect or preserve the life and health of
9 such fetus or premature infant.
10 (7) FETAL REMAINS.--Fetal remains shall be disposed of
11 in a sanitary and appropriate manner and in accordance with
12 standard health practices, as provided by rule of the
13 Department of Health and Rehabilitative Services. Failure to
14 dispose of fetal remains in accordance with department rules
15 is a misdemeanor of the second degree, punishable as provided
16 in s. 775.082 or s. 775.083.
17 (8) REFUSAL TO PARTICIPATE IN TERMINATION
18 PROCEDURE.--Nothing in this section shall require any hospital
19 or any person to participate in the termination of a
20 pregnancy, nor shall any hospital or any person be liable for
21 such refusal. No person who is a member of, or associated
22 with, the staff of a hospital, nor any employee of a hospital
23 or physician in which or by whom the termination of a
24 pregnancy has been authorized or performed, who shall state an
25 objection to such procedure on moral or religious grounds
26 shall be required to participate in the procedure which will
27 result in the termination of pregnancy. The refusal of any
28 such person or employee to participate shall not form the
29 basis for any disciplinary or other recriminatory action
30 against such person.
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1 (9) EXCEPTION.--The provisions of this section shall
2 not apply to the performance of a procedure which terminates a
3 pregnancy in order to deliver a live child.
4 (10) PENALTIES FOR VIOLATION.--Except as provided in
5 subsection (7):
6 (a) Any person who willfully performs, or actively
7 participates in, a termination of a pregnancy procedure in
8 violation of the requirements of this section commits is
9 guilty of a felony of the third degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 (b) Any person who performs, or actively participates
12 in, a termination of a pregnancy procedure in violation of the
13 provisions of this section which results in the death of the
14 woman commits is guilty of a felony of the second degree,
15 punishable as provided in s. 775.082, s. 775.083, or s.
16 775.084.
17 (11) CIVIL ACTION PURSUANT TO PARTIAL-BIRTH ABORTION;
18 RELIEF.--
19 (a) The father, if married to the mother at the time
20 she receives a partial-birth abortion, and, if the mother has
21 not attained the age of 18 years at the time she receives a
22 partial-birth abortion, the maternal grandparents of the fetus
23 may, in a civil action, obtain appropriate relief, unless the
24 pregnancy resulted from the plaintiff's criminal conduct or
25 the plaintiff consented to the abortion.
26 (b) In a civil action under this section, appropriate
27 relief includes:
28 1. Monetary damages for all injuries, psychological
29 and physical, occasioned by the violation of subsection (5).
30 2. Damages equal to three times the cost of the
31 partial-birth abortion.
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1 Section 2. Section 390.002, Florida Statutes, 1996
2 Supplement, is renumbered as section 390.0112, Florida
3 Statutes.
4 Section 3. Section 390.011, Florida Statutes, is
5 amended to read:
6 390.011 Definitions.--As used in this chapter act:
7 (1) "Abortion" means the termination of human
8 pregnancy with an intention other than to produce a live birth
9 or to remove a dead fetus.
10 (2) "Abortion clinic" or "clinic" means any facility
11 in which abortions are performed other than a hospital or a
12 physician's office which is not used primarily for the
13 performance of abortions.
14 (3) "Department" means the Department of Health and
15 Rehabilitative Services.
16 (4) "Hospital" means a facility licensed under chapter
17 395.
18 (5) "Partial-birth abortion" means a termination of
19 pregnancy in which the physician performing the termination of
20 pregnancy partially vaginally delivers a living fetus before
21 killing the fetus and completing the delivery.
22 (6)(5) "Physician" means a physician licensed under
23 chapter 458 or chapter 459 or a physician practicing medicine
24 or osteopathy in the employment of the United States or this
25 state.
26 (7)(6) "Third trimester" means the weeks of pregnancy
27 after the 24th week of pregnancy.
28 Section 4. This act shall take effect upon becoming a
29 law.
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ADDITIONAL SPONSORS
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4 Futch, Wise, Fuller, Harrington, Posey, Littlefield, Thrasher,
5 Wallace, Flanagan, Rodriguez-Chomat, Melvin, Smith, Maygarden,
6 Culp, Byrd, Constantine, Andrews, Valdes, K. Pruitt, Barreiro,
7 Arnall, Morroni, Casey, Bullard, Crady, Ogles, Villalobos,
8 Sanderson, Mackey, Saunders, Murman, Ziebarth, Albright,
9 Cosgrove and Sublette
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